About copyrights...

[May90]

Hi guys.

I am making a small story-based RPG map in Starcraft II with Sylvanas Windrunner as a main character. I am using the model taken from World of Warcraft and the sound set from Warcraft III. What I am curious is if it is legal to publish this map in the end. I mean not everyone who bought Starcraft II has WoW and WC3 licenses as well. I know nobody is going to punish me for one model and a few sounds taken from another Blizzard games, but, technically, is it absolutely legal? If I want, for example, to make a total remake of Warcraft II with all sound sets, briefings and such from there, is it required in principle to get a permission?

I know there is a map Kobold Tribes with sounds and models from WoW, music from WC3 and Diablo 2 and so on, but the authors may have gotten an official permission from Blizzard or something.

I also realize that I could ask someone from Blizzard officials about this, but I believe there are many people here on Hive who encountered this question before.

Thanks for your time!

P.S. I am not sure I posted it in the right place, but I couldn't find a better part of the forums...

 

[Dr Super Good]

What I am curious is if it is legal to publish this map in the end.

In theory, no. In reality Blizzard does not care as they own the copyright for what you are using (why would they sue themselves?). If you try and push support on the forum they will ban you for trying to violate ToU but when you actually publish the map nothing will happen. I have seen maps which use WoW, WC3 and Diablo III models and are still up.

I mean not everyone who bought Starcraft II has WoW and WC3 licenses as well.

Everyone has a basic liscence allowing them access to a lot of content.

I know nobody is going to punish me for one model and a few sounds taken from another Blizzard games, but, technically, is it absolutely legal?

Technically it is not, but since Blizzard spotlights such maps it is obvious they completly ignore it. The only time it is illegal is if you go to their forums and try and promote it since their forum moderators have nothing to do with the game and will ban you for ingame terms of use violations.

If I want, for example, to make a total remake of Warcraft II with all sound sets, briefings and such from there, is it required in principle to get a permission?

Someone has made a near total remake of Diablo I and there has been no problems so far. (map many months old)

I know there is a map Kobold Tribes with sounds and models from WoW, music from WC3 and Diablo 2 and so on, but the authors may have gotten an official permission from Blizzard or something.

Blizzard does not really care. All they see is people playing StarCraft II (or other Blizzard games) as opposed to not playing their games. If a map is so good people buy the game just to play the map (think DotA Allstars in WC3) then that is a good thing, even if it uses most content from all other games they made. People already have free access to a lot of content due to basic liscence so it is not really a problem.

I also realize that I could ask someone from Blizzard officials about this, but I believe there are many people here on Hive who encountered this question before.

They refuse to give an official comment on the grounds that their laywers will throw books at them prety much. In reality they have promoted many such resources in the past for WC3 (many of the spotlight maps were using WoW models) and in SC2 (I am sure some of those spotlight maps use WoW models).

They will remove your map if it uses games they do not own. Even if the game is from Activision Blizzard (Activision side) they might remove it due to being out of their control. A company like EA will be all too willing to sue Blizzard if the slightes bit of their games is used in your map.

There are already many easter eggs inbetween the games. In HotS you have the frozen Lich King (so why would they stop you using the real one).

 

[May90]

Thank you Dr Super Good, it makes sense.
I wish Blizzard made some official post on this where they describe precisely what is allowed and what is not to mapmakers, but I guess they like it as it is: both sides (Blizzard and mapmakers) have the unofficial agreement on this matter and do not tamper with each other's work. If they officially made such post, it could put significant restrictions on mapmakers that would, in the end, harm the map quality and, hence, popularity of the game itself.

Also, if I am correct, the law in majority of countries does allow using of copyrighted content if the author does not object, even unofficially. Blizzard clearly sends the message that they let us use their resources freely, so, as long as they do not start to object openly, what we do is legal.

However, I am a bit confused here. Say, I want to use a Mass Effect music track in my map. This track is easily found on Youtube, a free-content site. So, if I put this track into my map and write the link in the credits, I should be fine, even though Mass Effect is a product of another company?

 

[Kitabatake]

However, I am a bit confused here. Say, I want to use a Mass Effect music track in my map. This track is easily found on Youtube, a free-content site.

From a copyright perspective, it makes no difference if the track is available in youtube or google or piratebay or any other such service.

So, if I put this track into my map and write the link in the credits, I should be fine, even though Mass Effect is a product of another company?

Writing youtube links to credits doesn't serve any real purpose other than being "nice to know" info for a player that wants to find the music.
Credits should always be given to the creator of the resource.

But anyway, you'll be just fine.
Not many people are bothered by what music is used in non-profit hobby modding projects.
Also, the worst case scenario is pretty much that you will be told to remove the music from your project.

 

[Dr Super Good]

Say, I want to use a Mass Effect music track in my map. This track is easily found on Youtube, a free-content site.

The problem is the part of the terms of use that states that Blizzard holds ownership for all maps and content you publish. If that content is a port from WoW or Diablo III then that is a joke since they already own full ownership of it anyway. However if that content is music from a game like Mass Effect which is already owned by Electronic Arts and you obviously do not own a liscence for it to redistribute then clearly that causes an infringement of copyright (as Blizzard is claiming it is theres when they had no right to). In that case it will have to be removed.

Just to make it clear, the right to view something is not the right to distribute it or even retain a copy of it for personal use.

 

[May90]

Not many people are bothered by what music is used in non-profit hobby modding projects.
Also, the worst case scenario is pretty much that you will be told to remove the music from your project.

I guess you are right. RDZ in his map This Wreckage used a music track from Deus Ex and, though being one of the most popular single-player maps in WC3, it has not been reported for this. It looks like this works this way.

If that content is a port from WoW or Diablo III then that is a joke since they already own full ownership of it anyway. However if that content is music from a game like Mass Effect which is already owned by Electronic Arts and you obviously do not own a liscence for it to redistribute then clearly that causes an infringement of copyright (as Blizzard is claiming it is theres when they had no right to). In that case it will have to be removed.

The problem here is that it is not always clear whether I use a copyrighted content or not. Take Mass Effect. Using music from it is illegal. But what if I want to create a map in the Mass Effect lore, use real characters from it, but use only Blizzard tools and resources for it?

Also, just to make it clear: I am pretty much sure that, even in case of extensive use of copyrighted material by other vendors, the worst sequence would be a request to remove the material. What I want to know is what is legal according to law, in theory.

 

[Dr Super Good]

But what if I want to create a map in the Mass Effect lore, use real characters from it, but use only Blizzard tools and resources for it?

You could probably get away with that. Same as how the LotR maps have not been removed.

 

[Kitabatake]

I guess you are right. RDZ in his map This Wreckage used a music track from Deus Ex and, though being one of the most popular single-player maps in WC3, it has not been reported for this. It looks like this works this way.

Funny thing.
That's the only map I have ever seen being rejected anywhere for containing illegal imports.
Anyway, that didn't happen on hive so you'll be just fine.

 

[Dr Super Good]

That is because in WarCraft III Blizzard did not take ownership of the content placed in all maps.

 

[Kitabatake]

That is because in WarCraft III Blizzard did not take ownership of the content placed in all maps.

Hmmh, I thought it just happened because of some wc3c moderator overreacting.

Oh damn it's been years since that happened.
Made me fall off my chair laughing when I saw it back then.
I mean, seeing a map being rejected for such a reason is sad, but when the author himself had just recently stormed out of a small modding community due to despising its pirate-friendly attitude, and then having his own resource rejected for illegal content... Oh god the irony.

It's still funny after so many years.
If Rao happens to read this, no hard feelings. Seems like we weren't that different after all. Hahah!

 

[May90]

Wow, didn't know that. So moderators removed the map on wc3c and that's it, there were no demands to remove it from other places? In this case it doesn't even look like a copyright issue since no Blizzard nor the music owner had any complaints. It is just what here in Russia is usually called a 'self-censorship', when people remove something "just in case", without any explicit request.

By the way, it seems, SC2Mapster community is pretty free on this matter as well. Stuff like WoW model packs emerges there literally every day and no one seems to be eager to remove such posts.